2006 10 03 RDAeaf q4adja
Redevelopment Agency agendas are
available on the City' web page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, OCTOBER 3, 2006 - 3:30 P.M.
Beginning Resolution No. RA 2006-015
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, Kirk, Sniff, and Chairman Osborne
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CLOSED SESSION
NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when acquisition of real property is
considered.
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, THOMAS P.
GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR
DISPOSITION OF A PORTION OF 525 t ACRES LOCATED AT THE SOUTHWEST
CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY
OWNER/NEGOTIATOR: DDC DESERT DEVELOPMENT, INC., THEODORE LENNON.
Redevelopment Agency Agenda 1 October 3, 2006" rf ( '1
RECESS TO CLOSED SESSION
RECONVENE AT 4:30 P.M.
PUBLIC COMMENT
At this time members of the public may address the Redevelopment Agency on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF SEPTEMBER 19, 2006.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 3, 2006.
2. APPROVAL OF A CONTRACT FOR THE INSTALLATION OF A 200 LINEAR FOOT
SAMPLE SECTION OF GREY RECYCLED PLASTIC FENCE AT SILVERROCK RESORT
ADJACENT TO AVENUE 54.
3. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROJECT
MANAGEMENT SERVICES FOR PHASE II SILVERROCK RESORT IMPROVEMENTS.
BUSINESS SESSION - NONE
STUDY SESSION - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
Redevelopment Agency Agenda 2 October 3, 2006 % `r WOO G
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on
October 17, 2006 commencing with closed session at 3:30 p.m. and open session at
4:30 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Deborah H. Powell, Interim City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta Redevelopment Agency meeting of October 3, 2006,
was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on
the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on September
29, 2006.
DATED: September 29, 2006
DEBORAH H. POWELL, Interim City Clerk
City of La Quinta, California
G c ' 0 0
Redevelopment Agency Agenda 3 October 3, 2006
ITEM TITLE:
CONSENT CALENDAR /
STUDY SESSION
Demand Register Dated October 03, 2006
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
PUBLIC HEARING
Receive and File the Demand Register Dated Oct. 3, 2006 of which $226,955.70
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
r 004
T4ht 4 4 Q"
COUNCIL/RDA MEETING DATE: October 3, 2006
ITEM TITLE: Approval of a Contract for the
Installation of a 200 Linear Foot Sample Section of
Grey Recycled Plastic Fence at SilverRock Resort
Adjacent to Avenue 54
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: C-
STUDY SESSION:
PUBLIC HEARING:
Approve a contract with Eagle One for the installation of a 200 linear foot sample
section of grey recycled plastic ranch fence, pilasters and a gate at the SilverRock
Resort to secure the area along Avenue 54.
FISCAL IMPLICATIONS:
Attachment 1 is a contract in the amount of $35,293 from Eagle One that includes all
labor and materials for installing 200 linear feet of grey recycled plastic ranch fence,
pilasters and a double gate along Avenue 54 at SilverRock Resort. If approved, the
recycled plastic fence portion of the project, which is comprised of $8,754 of the total
project cost, would be paid for out of the AB 939 account, subject to City Council
approval under a separate item. With Agency approval, the balance of the funding
would come from the SilverRock Construction Account #401-1723-551.45-01. If it is
determined that the Agency approves of the sample section of fencing and desires in
the future to construct additional fencing, an appropriation of funds would be required
at that time.
BACKGROUND AND OVERVIEW:
On June 20, 2006, the Agency directed staff to move forward with the installation of
a 150 to 200 linear foot sample section of grey recycled plastic perimeter fencing with
stone veneer pilasters on either end to secure the westerly end of Avenue 54. The
sample section is intended to demonstrate how the fence would function with the
multi -use trail.
Staff identified the specific area to be secured by the new sample section of fencing
and received a proposal from Eagle One in the amount of $35,293 to install the
fencing, pilasters and gate needed to help secure the area. Staff has prepargdr�heQo5
attached contract based on that proposal (Attachment 1).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1 Approve a contract with Eagle One for the installation of a 200 linear foot
sample section of grey recycled plastic ranch fence, pilasters and gate at
SilverRock Resort along Avenue 54; or
2 Do not approve a contract with Eagle One for the installation of a 200 linear
foot sample section of grey recycled plastic ranch fence, pilasters and gate at
SilverRock Resort along Avenue 54; or
3 Provide staff with alternative direction.
Respectfully submitted,
imothy . on on, P.E.
Public Wor s Di ctor/ City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Contract with Eagle One
ATTACHMENT 1
AGREEMENT
THIS CONTRACT, by and between the LA QUINTA REDEVELOMENT AGENCY,
herein referred to as "Agency," and Eagle One, herein referred to as, "Contractor."
WITNESSETW
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for installing a 200 linear foot ranch fence, pilasters and gate at SilverRock Resort
adjacent to Avenue 54, in the City of La Quinta, California pursuant to the Invitation to
Bid, dated July 2006, the project Specifications, and Contractor's Proposal (Attached),
dated September 14, 2006, all of which documents shall be considered a part hereof as
though fully set herein.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within sixty (60) working days from the date of
Notification to Proceed.
5. In consideration of said work, Agency agrees to pay Contractor such sums as shall
be approved by the City Engineer at lump sums and/or unit prices stated in the
Contractor's Proposal, the base consideration of Thirty five thousand two hundred ninety
two dollars and 44/100 ($35,292.44). All payments shall be subject to approval by the
City Engineer and shall be in accordance with the terms, conditions, and procedures
provided in the Specifications.
6. Contractor shall defend, indemnify and hold harmless the Agency, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by City) and for errors and omissions committed by Contractor,
its officers, employees and agents, which arise out of Contractor's negligent performance
under this Agreement, except to the extent of such loss as may be caused by Agency's
own negligence or that of its officers or employees. In the event the Indemnified Parties
are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at
the Agency's option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall
be obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
7. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the Agency satisfactory evidence of insurance of the kinds and in the
amounts provided in the attached Section 1340 — Liability and Insurance Requirements.
This insurance shall be kept in full force and effect by Contractor during this entire contract
iJ J 0 07
Agreement
and all premiums thereon shall be promptly paid by it. Each policy shall further state that it
cannot be canceled without 30 days unconditional written notice to the Agency and shall
name the Agency as an additional insured. Contractor shall furnish evidence of having in
effect, and shall maintain, Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure .to maintain the required
amounts and types of coverage throughout the duration of this Contract shall constitute a
material breach of this Contract.
8. Contractor shall forfeit as a penalty to Agency $25.00 for each laborer, workman,
or mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
9. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to Agency $500.00 liquidated
damages for each such breach committed under this contract.
10. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who
willfully fail to comply will be denied the right to bid on public projects for a period of six
months in addition to other penalties provided by law.
11. This Contract shall not be assignable by Contractor without the written consent of
Agency.
12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
13. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the Agency except to the extent permitted by
law.
14. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
15. The Agency, or its authorized auditors or representatives, shall have access to and.
the right to audit and reproduce any of the Contractor records to the extent the Agency
deems necessary to insure it is receiving all money to which it is entitled under the
contract and/or is paying only the amounts to which Contractor is properly entitled under
Agreement
the Contract or for other purposes relating to the Contract.
16. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
17. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the Agency or reimburse the
Agency for all reasonable and extra costs incurred in conducting the audit at a location
other than at City offices including, but not limited to, such additional (out of the City)
expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
18. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY,
By:
Deborah H. Powell, Acting Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
Agreement
Thomas P. Genovese, Executive Director
Dated:
Dated:
"CONTRACTOR"
By:
Name:
G 0 "Wn9
1300-3
Dated:
Title:
By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
'5 1 P10
Agreement
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work
on the Contract, the Contractor shall sign and file with the Agency the following
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against. liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature
Title
Date
Workers' Compensation Insurance
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the Agency, its
elected officials, officers, agents, and employees from all damages, costs, or expenses in
law or equity that may at any time arise to cause damages to property, or of personal
injury received by reason of or in the course of performing work, which may be occasioned
by any willful or negligent act or omission of the Contractor, any of the Contractor's
employees, or any of its subcontractors arising out of work under this Contract.
Approval of any insurance contracts by the Agency does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The Agency will
not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly- obtain, at its own expense, all the
insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit
coverage verification for review and approval by the Agency upon execution of the
Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the
Contractor shall not commence work, until such insurance has been approved by the
Agency. The Contractor shall not allow any subcontractors to commence work on its
subcontract until all similar insurance required of the subcontractor has been obtained and
verified by Contractor. Such insurance shall remain in full force and effect at all times
during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance
as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial
General Liability Policy, on an occurrence basis, with a minimum limit of not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury and property damage
for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate,
for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and
U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
012
Liability & Insurance Requirements
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial
Business Auto Policy, on an occurrence basis, with a minimum amount of not less than
One Million Dollars ($1,000,000) combined single limit for bodily injury and property.
damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned
vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said
Commercial Business Auto Policy shall have said coverage provided for under
the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and all
employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage
A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described
in this Section hereof:
a. "The Agency, Agency employees and officers, the City Engineer, its
consultants, elected officials, agents, and sub -consultants are hereby added as
additional insured insofar as Work done under this Contract is concerned.
b. "This policy shall be considered primary insurance as respects any other valid
and collectible insurance, including self -insured retention, the Agency may
possess, and any other insurance the Agency does possess shall be considered
excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a
separate policy had been written for each. This, however, will not act to
increase the limit of liability of the insuring company.
Liability & Insurance Requirements
d. "Thirty (30) days prior written notice of cancellation shall be given to the
Agency. Such notice shall be sent to:
Thomas P. Genovese, Executive Director
La Quinta Redevelopment Agency
P.O. Box 1504
La Quinta, CA 92247-1504
2.6 Change in Terms
The Contractor shall provide immediate written notice to the Agency of any change in
terms and conditions and/or reduction in the coverage of any nature to the insurance
policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d,
Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining
the insurance requirements specified herein.
GC 014
Liability & Insurance Requirements
Ky
1340 N. Jefferson Phone No. 714-983-0050
Anaheim, CA 92807 Toll Free No. 800-448-4409
Fax Number 714-203-8448
CUSTOMER: CITY OF LA QUINTA
ATTN: TIM JONASSON
ATTN: ANN WEAVER
PHONE: 760-777-7042... TI P
PHONE: 760-777-7113... Al
EMAIL: tionasson0la-guinta.org
EMAIL: aweaver la uinta.or
PROPOSAL
DATE: 09/14/06
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
1 EA
TEST FENCE PROJECT FOR SILVER ROCK
$32,754.00
DEVELOPMENT AT LA QUINTA
PROJECTINCLUDES:
3 EA. PILASTERS BUILT PER DRAWING CP-18
1 EA. STEEL FRAME DOUBLE GATE BUILT PER CP-18
ALL POLYFORCE, STRUCTURAL RECYCLED PLASTIC
MATERIAL NECESSARY TO COMPLETE THIS
PROJECT, 200 FT.
ALL HARDWARE INCLUDED TO COMPLETE PROJECT
INSTALLATION CHARGES TO COMPLETE THIS
PROJECT
TRANSPORTATION OF MATERIAL TO SILVER ROCK
TO COMPLETE THIS PROJECT.
TIM,
SALES TAX HAS BEEN INCLUDED IN THIS QUOTE
THIS QUOTE INCLUDES POLYFORCE RECYCLED
PLASTIC STRUCTURAL LUMBER: VALUE $8,754.00
THIS PRODUCT ALSO KNOWN AS HDPE, POLYFORCE
LABOR
LUMBER
COMMENTS
SUBTOTAL
$32,754.00
TAX
$2,538.44
LABOR
$0.00
TOTAL $35,292.44
QUESTIONS CONCERNING THIS PROPOSAL?
CALL:
THANK YOUFOR YOUR B USIIVESS!
4c 015
COUNCIL/RDA MEETING DATE: October 3, 2006
ITEM TITLE:
Approval of a Request for Proposals (RFP) to Obtain
Project Management Services for Phase II SilverRock
Resort Improvements
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize staff to distribute a Request for Proposals (RFP) to obtain professional
project management services for the Phase II SilverRock Resort Improvements; and
appoint a Consultant Selection Committee.
FISCAL IMPLICATIONS:
On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year
2006/2007 through 2010/2011 Capital Improvement Program (CIP). The Phase II
SilverRock Resort Improvements are included within the adopted CIP and scheduled
for funding during Fiscal Years 2006/2007 and 2007/2008. Project components
include: Infrastructure, Permanent Clubhouse, Second Golf Course, and
Landscaping. Each of the above -listed components includes funding for
"engineering" as follows:
Project Component
Fiscal Year 2006-07
Engineering Budget
Infrastructure
$1,989,000
Permanent Clubhouse
$1,404,000
Second Golf Course
$2,106,000
Landscaping
$351,000
Total
$5,850,000.00
The costs for the contract project manager for the Phase II SilverRock Resort
Improvements will be charged proportionately to the "engineering" category for
each of the project components.
BACKGROUND AND OVERVIEW:
The Phase II SilverRock Resort improvements include the installation of: the
"backbone" infrastructure, including on -site streets, three (3) bridges spanning the
Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the
permanent clubhouse; the second municipal golf course; the entry features, and
on -site landscaping. The proposed project manager will be the central point of
contact for the overall coordination and management of the Phase II SilverRock
Resort effort. The project manager will serve as an extension of the City of La
Quinta RDA staff. As such, the selected individual will be dedicated to the RDA
and will provide as much and/or as little time necessary to accomplish project work
objectives.
In addition to the direct management of the proposed public improvements, the
project manager will assist the Agency to ensure that there are no construction
conflicts between the Phase II improvements and the private development which
may be occurring concurrently, including the Boutique Hotel, the Resort Hotel/Lake
Casitas, and the Resort Retail Village.
The RFP to obtain professional project management services for the Phase II
SilverRock Resort Improvements has been prepared and is ready for distribution to
qualified consultants. The RFP is attached for the Agency Board's review at
Attachment 1.
The Consultant Selection Process outlined within Resolution 2005-096 shall be
followed. In accordance with Resolution 2005-096, adopted December 6, 2005,
the guidelines for major services will be followed as the estimated cost will exceed
$50,000.
Staff recommends the Agency Board appoint a Consultant Selection Committee
consisting of the following members: Tim Jonasson, Public Works Director/City
Engineer; Doug Evans, Community Development Director; Tom Hartung, Building
Services Director; Frank Spevacek, RSG, Nick Nickerson, NAI Consulting, and
Debbie Powell, Management Analyst.
Contingent upon Agency Board approval of the RFP on October 3, 2006, the
following represents how the project is expected to proceed:
rC, 017
Proposal Due Date November 3, 2006
Interviews with Selection Committee Week of November 13, 2006
Recommendation to the Agency Board December 5, 2006
Start Activities December 6, 2006
RFP Attachments
Several attachments are contained within the RFP, including public and private
development schedules, project organizational structure (presented in an
organization chart), a sample Agency Professional Services Agreement, and an
excerpt from the SilverRock Resort Specific Plan. Staff is available to answer any
questions the Agency Board may have regarding these attachments.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize staff to distribute a Request for Proposal (RFP) to obtain
professional project management services for the Phase II SilverRock
Resort Improvements; and appoint a Consultant Selection Committee; or
2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain
professional project management services for the Phase II SilverRock
Resort Improvements; and do not appoint a Consultant Selection
Committee; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Management Analyst
Gr 018
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Request for Proposals (RFP)
ATTACHMENT 1
La Quinta Redevelopment Agency
Phase II SilverRock Resort
Improvements
Project Manager
Request for Proposal
1020
1
Request For Proposal (RFP)
The La Quinta Redevelopment Agency (RDA) requests proposals from qualified
firms to provide overall project management services for the Phase II SilverRock
Resort Improvements. The phase II improvements include the installation of: the
"backbone" infrastructure, including on -site streets, three (3) bridges spanning
the Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the
permanent clubhouse; the second golf course; the entry features, and on -site
landscaping.
The project manager will be the central point of contact for the overall
coordination of the Phase II SilverRock Resort effort. In this capacity the
position will maintain ongoing active communications with the major project
efforts: Clubhouse Design and Construction; Infrastructure Design and
Construction; Golf Course Design and Construction. The current project
schedule is presented in Attachment 1.
In addition to the direct management of the proposed public improvements, the
project manager will assist the Agency in in avoiding any construction conflicts
between the Phase II improvements and the privately fundeddevelopment,
including the Boutique Hotel Casitas, the Resort Hotel/Lake Casitas, and the
Resort Retail Village. The anticipated schedule for these separate activities is
presented in Attachment 2.
The project manager will serve as an extension of the City of La Quinta RDA
staff. As such, the selected individual will be dedicated to the RDA and will
provide as much and/or as little time necessary to accomplish project work
objectives. The project's organization structure is presented in Attachment 3.
The project manager will be fully supported by other Firm professionals and
administrative staff. The Firm selected will be responsible for providing the
appropriate construction managers to oversee the construction of the "Backbone"
Infrastructure, the Clubhouse, and the Golf Course Improvements when
determined necessary by the project schedule. The construction managers will
report to and be managed by the project manager.
Specific expertise the Agency is seeking includes:
Direct Project Management experience with designing, developing and
constructing a desert golf resort community
:: Direct experience with the public bidding and prevailing wage processes
_: Current working knowledge of the costs to design and construct on and off
site public infrastructure, golf course clubhouse, and resort golf course
GG 021
2
Desired Services
1. Agency/Coordination — Responsible for overall management of the project
from design to acceptance of all construction projects including but not
limited to the following tasks:
• Prepare correspondence, reports, and memorandums
• Prepare project status reports
• Participate in telephone conference calls
• Coordinate with city departments
• Coordinate with other regulatory agencies.
2. Design/Management Consultants - Responsible for managing and
administering design and construction through project completion.
Including, but not limited to:
• Prepare RFP's and SOQ's as needed for agency review
• Administer the consultant selection process
• Assist in contract negotiations
• Manage/Coordinate consultants' performance
• Monitor consultants' schedules and budgets
• Assist in resolving design and construction conflicts or other issues
3. Bidding Assistance — Responsible for overseeing the following tasks:
• Coordinate the preparation of bid specifications in accordance with
the City of La Quinta Municipal Code
• Review plans for compliance with Agency Standards
• Review bids for responsiveness to bid documents
• Analysis of bids prior to contract award
• Assist in contract dispute resolution
4. Master Schedule/Budget — Responsible for actively managing both the
schedule and budget of all consultants and contractors required for the
project.
• Accountable for the end budget for each project phase
• Accountable for the master schedule of all consultants and
contractors
• Work closely with Agency staff in adherence to Agency budget
• Monitor and report monthly on budget vs. actual expenditures, and
contract time vs. actual time.
ki
5. Construction Management - Responsible for providing and managing the
appropriate construction managers to oversee the construction of the
"Backbone" Infrastructure, the Clubhouse and the Golf Course
Improvements when determined necessary by the project schedule.
• "Backbone" Infrastructure Improvements — beginning June 2007
• Permanent Clubhouse/Site Amenities — beginning November 2007
• Resort Golf Course — beginning June 2009
6. Meetings/Agendas/Staff Reports — Responsible for preparing for,
participating in, and following up on an assortment of meetings.
• Participate in regularly scheduled Agency staff meetings
• Attend Agency Board Meetings on project matters
• Prepare Meeting Agendas, Decision Logs, Submittal Logs, etc.
• Prepare Staff Reports for Agency consideration
Submittal Procedures
Proposal Packages and Submittal Deadline
A work proposal and a cost proposal are to be submitted in separate envelopes,
clearly marked with the consultant's name, address and phone number. Work
proposals are to be submitted in the envelope marked "Work Proposal" and cost
proposals are to be submitted in the envelope marked "Cost Proposal."
Ten (10) proposal packages are due by 5:00 p.m., Friday, November 3, 2006,
and delivered to:
Executive Director
La Quinta Redevelopment Agency
78-495 Calle Tampico
P. O. Box 1504
La Quinta, CA 92253
The Selection Committee will interview the selected candidates during the week
of November 13, 2006.
Contact Person
All questions regarding the Phase II SilverRock Resort Improvements and this
Request for Proposal should be directed to Debbie Powell via phone at 760.777-
7073 or via email at dpowell@la-quinta.org.
4 Gc 023
Proposal Format
Respondents are encouraged to keep their proposals brief and relevant to the
specific work required. Proposals shall include a minimum of the following items:
1. Work Proposal (Envelope 1) — Submit ten (10) copies limited to a
maximum of 30 pages (including proposed detailed scope of work and
statement of qualifications).
A. Cover Letter
i. The name, address and phone number of the contact person
for the remainder of the selection process.
ii. Any qualifying statements or comments regarding the
proposal and relevant to the information provided in the RFP
or the proposed contract.
iii. Identification of sub consultants, if any, and their
responsibilities.
B. Statement of Qualifications
i. A listing of project personnel including relevant experience
and resumes.
ii. Experience with similar work including names and current
phone numbers of references for listed projects.
C. Project Understanding and Approach
i. A narrative that details your understanding of the project and
how the organization will approach the requested services.
ii. Since this is a public agency redevelopment project, public
bidding will be required for all design and construction
services, and prevailing wage requirements will be imposed
on all construction contracts. The narrative should include a
description as to the organization's working knowledge of
these requirements.
D. Scope of Services
i. A description of the tasks, sub tasks, and specific
deliverables that will be provided.
E. Schedule Requirements
i. The anticipated date for a Notice to Proceed is December
6, 2006
ii. The Agency envisions a 24-month term for the initial Project
Manager activities.
�r�024
2. Cost Proposal (Envelope 2) — Submit 1 Copy
A. A detailed time and materials not to exceed cost proposal for all
services and materials is required including the direct and indirect
rates (with overhead) and percent of profit anticipated in completing
the services as outlined in this RFP. Man hours and extended
billing rates per classification of personnel will be indicated for each
defined task and/or sub task. A not -to -exceed allowance for
reimbursables should also be included within the cost proposal.
Selection Process
The work proposals will be reviewed by a Consultant Selection Committee. The
Committee will rank the consultants for contract negotiations based upon the
materials submitted in the work proposal. The Committee may choose to
interview two or more closely rated individuals/firms. Only after the ranking
process is complete, will the cost proposal from the "top ranked" firms be
opened.
The Agency will open contract negotiations with the top -ranked firm. The
successful consultant will be expected to enter into the attached Professional
Services Agreement.
The tentative schedule is as follows:
Issue Request for Proposals
Proposal due
Oral interviews
Recommendation to the Agency
Start Activities
October 4, 2006
November 3, 2006
Week of November 13, 2006
December 5, 2006
December 6, 2006
Consultant's Proposal and Compensation, Additional Requirements
The Consultant's Proposal shall include the following:
A. A statement that this RFP shall be incorporated in its entirety as a part of
the Consultant's Proposal.
B. A statement that this RFP and the Consultant's Proposal will jointly
become part of the "Agreement for Professional Consultant Services" for
this project when said Agreement is fully executed by the Consultant and
the Chairman or Executive Director of the La Quinta Redevelopment
Agency.
Gr 025
6
C. A statement that the Professional Services to be provided, and fees
therefore, will be in accordance with the Agency's RFP, except as
otherwise specified in the Consultant's Proposal under the heading
"EXCEPTIONS OR ADDITIONS TO THE AGENCY'S REQUEST FOR
PROPOSAL."
D. A single and separate section with the heading "EXCEPTIONS OR
ADDITIONS TO THE AGENCY'S REQUEST FOR PROPOSAL"
containing a complete and detailed description of all of the exceptions to
the provisions and conditions of this Request for Proposal upon which the
Consultants Proposal is contingent and which shall take precedent over
this RFP.
E. Recent project level experience and qualifications of the consultant's
Project Manager and how they relate to the tasks identified in the scope
of work.
A statement of qualifications applicable to this project including the
names, qualifications and proposed duties of the Consultant's staff to be
assigned to this project; a listing of recent similar projects completed,
including the names, titles, addresses, and telephone numbers of the
appropriate persons whom the Agency could contact. If one or more of
the Consultant's Staff should become unavailable, the Consultant may
substitute other Staff of at least equal competence only after prior written
approval by the Agency. A resource allocation matrix must be
submitted with the Proposal. The resource allocation matrix must
list detailed tasks in rows and the appropriate individuals (Job Title
Only), as well as the number of hours that these individuals will be
working on each task listed, will be included in adjacent columns
The Consultant shall include a Project Schedule with milestones
F. A statement of sub -consultants qualifications applicable to this project
including the names, qualifications and proposed duties of the sub -
consultant's staff to be assigned to this project; a listing of recent similar
projects completed including the names, titles, addresses and telephone
numbers of the appropriate persons whom the Agency could contact.
The Consultant will not be allowed to change the sub -consultant without
prior written permission from the Agency.
G. A statement that all charges for Professional Consultant services is a
"Not -to -Exceed Fee" as submitted with and made a part of said .
Consultant's Proposal. Payment will be for actual time and materials
expended in furnishing authorized professional services.
7 G 02s
H. A copy of the Consultant's hourly rate schedule and a statement that said
hourly rate schedule is part of the Consultant's Proposal for use in
invoicing for progress payments and for extra work incurred that is not
part of this RFP. All extra work will require prior approval from the
Agency.
A statement that the
employee or applicant
sex, or national origin.
City Rights and Options
Consultant will not discriminate against any
for employment because of race, color, religion,
This solicitation does not commit the City of La Quinta to award a contract, to pay
any cost incurred with the preparation of a qualifications statement, or to procure
or contract for services or supplies. The City of La Quinta reserves the right to
accept or reject any or all submittals received in response to this request, to
negotiate with any qualified source, or cancel in whole or part this process if it is
in the best interest of the City to do so. Subsequent to negotiations, prospective
consultants may be required to submit revisions to their qualification statements.
All proposers should note that any contract pursuant to this solicitation is
dependent upon the recommendation of the City staff and the approval of the
City Council.
The City of La Quinta reserves the right to postpone selection for its own
convenience, to withdraw this Request for Proposal at any time, and to reject any
and all submittals without indicating any reason for such rejection. As a function
of the RFP process, the City of La Quinta reserves the right to remedy technical
errors in response to the RFP and to modify the published scope of services. The
City of La Quinta will reserve the right to request that specific personnel with
specific expertise be added to the team, if the City determines that specific
expertise is lacking in the project team. Statements and other materials
submitted will not be returned.
The City of La Quinta reserves the right to abandon this RFP process and/or
change its procurement process for the contract at any time if it is determined
that abandonment and/or change would be in the City's best interest. In the event
of an abandonment or change, the City will not be liable to any contractor for any
costs or damages arising out of its response to the RFP.
RFP Attachments:
1. Public Facilities Project Schedule
2. Private Development Schedule
3. Agency Organizational Structure
4. Agency Professional Services Agreement
5. SilverRock Resort Specific Plan Extract
v 027
RFP Attachment 1
A larger version is available for review in the City Clerk's Office.
. . .. ..... .
. . . .......... ....... . . .....
... . .. .........
fill,
-T— I I I—fFtFFF—UM 1— TFIJ-1 I Ful I I I f I FTTI 1-111 Tff Ty 1-1 F I I M_r Fgr pa as pas -
'fills 111,111, 11,1111fi,111 11,11d lilt I
................... ......
028
RFP Attachment 2
A larger version is available for review in the City Clerk's Office.
HHHHH31H
1- p�
2 2 7 S R
C � 029
RFP Attachment 3
RFP Attachment 4
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the "Agency"), and
. (The "Contractor"). The parties hereto agree as follows:
SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to , as specified in the
"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the
"services" or "work"). Contractor warrants that all services will be performed in a competent,
professional and satisfactory manner in accordance with the standards prevalent in the industry for
such services. Services will be provided to the Agency.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set
forth herein. In the event of any inconsistency between the terms of such proposal and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
Municipality, the Agency, and any and all Federal, State or local governmental agency of competent
jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the performance of the services required by this
Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it
has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Contractor discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
O� 031
such damages, to person, or property, until acceptance of the work by Agency, except such losses or
damages as may be caused by Agency's own negligence. The performance of services by Contractor
shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective
work at no further cost to the Agency, when such inaccuracies are due to the negligence of
Contractor.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the Contractor shall perform services in addition to those specified in the Scope of
Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that
Contractor shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to the Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto
as Exhibit "B" and incorporated herein by this reference. The Contractor shall be compensated in an
amount not exceeding Dollars ($- (the "Contract Sum"). The method of
compensation set forth in the Schedule of Compensation will include payment for time and materials
based upon the Contractor's rates as specified in Exhibit `B", or such other methods as may be
specified in the Schedule of Compensation (Exhibit `B"). Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses,
telephone expense, and similar costs and expenses when and if specified in the Schedule of
Compensation (Exhibit `B").
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the Agency no later than the tenth (10t') working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality,
will pay Contractor for all expenses stated thereon which are approved by the Municipality or the
Agency pursuant to this Agreement no later that the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the performance of this Agreement.
10 G - 032
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect for years, from the
date of the execution of this Agreement.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
1.
2.
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of the Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. The foregoing principals may not be changed by Contractor and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant Executive
Director or such other person as may be designated by the Executive Director of the Agency. The
Contract Officer has been authorized to act on behalf of the Agency for the purposes of this
Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein,
any approval of Agency required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
G' ' 0 33
express written approval of the Agency. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of Agency.
4.5 Agency Cooperation. The Agency shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to the Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of the Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
Contractor's acts or omissions rising out of or related to Contractor's performance under this
Agreement. The insurance policy shall contain a severability of interest clause providing that the
coverage shall be primary for losses arising out of Contractor's performance hereunder and neither
the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming the Agency and its officers and employees as additional insured shall be
delivered to and approved by the Agency prior to commencement of the services hereunder. The
amount of insurance required hereunder shall be determined by the Contract Sum in accordance with
the following table:
Contract Sum
Coverage (personal injury/property damage)
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$50,0004300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
The Contractor shall also carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use of any
automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for
travel on public roads. The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contractor's performance
�� 034
hereunder and neither the Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as
additional insured shall be delivered to and approved by the Agency prior to commencement of the
services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the Agency.
All insurance required by the Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days' written notice of proposed
cancellation to Agency. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the
Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, ("Agency indemnitees"),
from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by the Agency) ("Claims") and for errors and omissions
committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement, except to the extent of
such loss as may be caused by Agency's own active negligence, sole negligence or willful
misconduct, or that of its officers or employees.
In the event the Agency indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees.
5.3 Remedies. In addition to any other remedies the Agency may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, the Agency, at its sole option:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under - this
Agreement.
G 035
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor's failure to maintain or secure
appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor may be held responsible for payments of damages to person or
property resulting from Contractor's or its subcontractorsO performance of work under this
Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept and
prepared in accordance with generally accepted accounting principles. The Contract Officer shall
have full and free access to such books and records at all reasonable times, including the right to
inspect, copy, audit and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents, and other materials, whether in hard copy or electronic form, which are prepared
by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon the termination of this Agreement
or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Contractor may retain copies of such
documents for its own use. Contractor shall ensure all subcontractors to assign Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages suffered thereby.
U� 036
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer or
as required by law. Contractor shall not disclose to any other private entity or person any
information regarding the activities of the City or Agency, except as required by law or as authorized
by the Agency.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and completes
the cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger to
the health, safety and general welfare, the Agency may take such immediate action as the Agency
deems warranted. Compliance with the provisions of this Section shall be a condition precedent to
termination of the Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of funds. Agency may withhold from any monies payable to
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency due to the default of Contractor in the performance of
the services required by the Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Agency's consent or approval of any act by Contractor requiring Agency's consent or approval shall
not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act
of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. The Agency reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit `B") or such
as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the
provision of section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the Agency as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees. No officer or employee of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency of for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of the Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his personal interest or the interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this Agreement.
GC' 038
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Agency:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by all parties.
G 039
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
rUi _' . 040
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
LA QUINTA REDEVELOPMENT AGENCY,
By:
EXECUTIVE DIRECTOR
"AGENCY"
Name:
Title:
"CONSULTANT"
0rjr'041
EXHIBIT A
SCOPE OF SERVICES
►r 04
EXHIBIT B
SCHEDULE OF COMPENSATION
Cr'043
RFP Attachment 5
x
SILVERROCK
July 18, 2006
CITY OF LA QUINTA
044
Plans, Programs and Guidelines
2.1 RESORT CONCEPT
This Specific Plan allows for the development of public golf courses, hotel resort facilities, and supporting
commercial uses. The Specific Plan provides for the development of a second high -quality public golf
course with supporting facilities, a public park, a hotel with a conference center, a resort hotel, a boutique
hotel, a mixed -use resort retail village, meeting facilities, and resort casitas.
2.1.1 Planning Area Definition
The Specific Plan Area defines eight distinct Planning Areas, each with corresponding development
criteria and development standards. The location and extent of each of these Planning Areas is shown in
Exhibit 4.
2.1.2 Planning Area Characteristics
The size and allowed uses in each Planning Area are identified below. More detailed development
criteria and design development guidelines for these Planning Areas are contained in Section 2.4, Master
Plan of Land Uses, in this Specific Plan.
Planning Area 1: Allowed uses in this Planning Area include two 18-hole golf courses and supporting
facilities, including a clubhouse, driving range, instructional facility, and a golf course maintenance
facility. One 18-hole golf course currently exists in this Planning Area. Planning Area 1 includes
approximately 373 acres.
Planning Area 2: This Planning Area includes the existing Ahmanson House, which will be reserved
and maintained for use as a commercial, civic and/or cultural events facility. This Specific Plan allows
the use of this existing facility and the development of additional facilities which may include a
restaurant with up to , 0 seats, up to 10,000 square feet of conference facilities, and/or up to 80 guest
units. Planning Area 2 includes approximately 4 acres.
Planning Area 3: The allowed use in this Planning Area is a boutique hotel containing a minimum of 188
units and maximum of 225 units that can be occupied separately with a minimum of 200 keys, and a
maximum of 260 keys. Planning Area 3 includes approximately 13 acres.
Planning Area 4: Allowed uses in this Planning Area include a resort hotel and appurtenant resort casitas
containing a maximum of 405 units that can be occupied separately with a maximum of 520 keys.
Planning Area 4 includes approximately 30 acres.
Planning Area 5: Allowed uses in this Planning Area include a mixed -use resort retail village containing
up to a maximum of 160,000 square feet. Planning Area 5 includes approximately 9 acres.
Planning Area 6: Allowed uses in this Planning Area include a hotel and resort casitas containing a
maximum of 450 units that can be occupied separately with a maximum of 500 keys. Planning Area 6
includes approximately 31 acres.
Planning Area 7: Planning Area 7 includes a total of approximately 35 acres to be used as public park.
Planning Area 8: Planning Area 8 includes a total of approximately 51 acres containing existing and
planned public facilities including streets, the existing All American Canal and water well sites.
July 18, 2006
GG 045
Legend:
I Planning Area 1, Public Goff Course
Plant-4no Area Z Civic and Cultural Events Facilities
Planning Area 3- Boutique Hotel
Planning Area Resort Hotel and Resort Casiles
Planning Area 5- Mixed -Use Resod Retail Village
Planning Area 6: Traditional Hotel and Resort Casitas 600 300 0 600
Planning Area 7: Public Park
Planning Area 8: Public Facilities APPROXIMATE SCALE IN FEET
Exhibit 4 — Planning Area Diagram 836 001-06foc,
July 18,2006 4